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Home My WebLink About5208 ORDINANCE NO. 5208 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A32 of the Bremerton Municipal Code entitled "Assault" and amending Chapter 9A 44 of the Bremerton Municipal Code entitled "Public Disturbances " WHEREAS, the City Council desires to amend Chapter 9A 32 of the Bremerton Municipal Code to add language relating to cyberstalking and further to amend Chapter 9A 44 of the Bremerton Municipal Code to update provisions relating to unlawful transit conduct and indecent exposure, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 9A 32 of the Bremerton Municipal Code entitled "Assault" is hereby amended to read as follows CHAPTER 9A.32 ASSAULT 9A.32.010 ASSAULT. RCW 9A 36 041 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.020 RECKLESS ENDANGERMENT. RCW 9A 36 050 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.030 COERCION. RCW 9A 36 070 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.050 HARASSMENT. RCW 9A 46 020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.060 TELEPHONE CALLS TO HARASS, INTIMIDATE, TORMENT OR EMBARRASS. The following sections of Chapter 9 61 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full RCW 9 61 230 Defined RCW 9 61 240 Permitting telephone to be used RCW 9 61 250 Offense where deemed committed 1 Criminal Code Update 2013 9A.32.070 DOMESTIC VIOLENCE - STATE STATUTES ADOPTED BY REFERENCE. Chapter 10 99 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.080 ORDER FOR PROTECTION AND RESTRAINING ORDER - STATE STATUTES ADOPTED BY REFERENCE. RCW 26 09 300 and Chapters 10 14 and 26 50 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.090 CUSTODIAL INTERFERENCE. The following statutes of the State, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full RCW 9A 40 070 Custodial interference in the second degree RCW 9A 40 080 Custodian interference - Assessment of costs - Defense - Consent defense, restricted 9A.32.100 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE. RCW 9A 46 150 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.110 STALKING. RCW 9A 46 110, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.120 CRIMINAL MISTREATMENT. The following sections of Chapter 9A 42 RCW, with the exception of those provisions contained therein from which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full RCW 9A 42 005 Findings and intent - Christian Science treatment - Rules of evidence RCW 9A 42 010 Definitions RCW 9A 42 035 Criminal mistreatment in the third degree RCW 9A 42 037 Criminal mistreatment in the fourth degree RCW 9A 42 040 Withdrawal of life support systems RCW 9A 42 045 Palliative care RCW 9A.42 050 Defense of financial inability RCW 9A 42 080 Abandonment of a dependent person in the third degree - Exception RCW 9A 42 090 Abandonment of a dependent person - Defense RCW 9A 42 110 Leaving a child in the care of a sex offender 2 Criminal Code Update 2013 9A.32.130 SEXUAL MOTIVATION. RCW 9 94A 835, entitled "Special allegation - Sexual motivation - Procedures," is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.32.140 CYBERSTALKING. RCW 9 61260, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full SECTION Z Chapter 9A 44 of the Bremerton Municipal Code entitled "Public Disturbances" is hereby amended to read as follows CHAPTER 9A.44 PUBLIC DISTURBANCES 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A 44 020 through 9A 44 080, unless the context otherwise requires (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides (b) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them (c) Unreasonably disrupts" means to substantially impair the conduct of a meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known 9A.44.020 DISORDERLY CONDUCT. RCW 9A 84 030 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.44.030 FAILURE TO DISPERSE. RCW 9A 84 020 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Washington Narrows, commonly known as the Bremerton - Manette and Warren Avenue Bridges, or 3 Criminal Code Update 2013 (b) Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton - Manette and Warren Avenue Bridges 9A.44.060 UNLAWFUL BUS- TRANSIT CONDUCT. RCW 9 91 025 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full and with knowledge that sueh eenduet is pr he or she— (!) S pekes or- eames -a lighted or- smekdenag ° r-e4e (z) nrs`a =u , " (3) Plays any r-adie, > > herein shall prohibit use of sueh equipment when eenneeted te ear-phones tha4 lifnit the seun (4) Spits er- expeetefa4es, or- leliqurd, explosive, °".a a oth ",.t, 1° " "t "«..,1 l „ t , ° lighter ., fir ° «,t,,.„ th i n et oth er - wis e v1�K1, or �l�V 11S1ILV1 or V ��llls prohibited by law > > t rain, -, and miy ether- deviee, wht le- efbeing fneved wzi~, u a b e ° r- bete is used for- the pufpese ef eaffying passengers, tegether- with metdenW baggage and ffeight, on -a se 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to a penalty not to exceed two hundred fifty dollars ($25000) 9A.44.070 LEWD GONDUCTINDECENT EXPOSURE RCW 9A 88 010, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full a (a) (1) A pres i gu ilty e f le «d i f h t «t 11 � .7 t ,L,1 in a �- i � i - r .. --- s - a t ----v �- -- .... _.,. ..� ....�__uviicall� P °11pT1 1 (...,) The ..... ..........operator ef t ,:.......,,.., o pen to the p he 1mV1i[l pllCili y pefm le eenduet in ° under- his eentfel- (b) "Lewd can ( 1 ) i uviia. enY , btA4eeks, o f (..) ,.. ,.. tet vaai VJJIll vi fondling of gc cnz b reast, vr 4 Criminal Code Update 2013 (4) Pubhe sexual inter-eetifse unwilling per-son te avoid expesufe- Classes, held , 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A 76 160 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 9A.44.090 RIOT. RCW 9A 84 010 is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full ) 9A.44.100 PEDESTRIAN INTERFERENCE. (a) The following definitions apply in this section (1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods (2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled (3) 'Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means (4) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic (5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them (b) A person is guilty of pedestrian interference if, in a public place, he or she intentionally (1) Obstructs pedestrian or vehicular traffic, or (2) Aggressively begs (c) Pedestrian interference is a misdemeanor 9A.44.110 LASERS. Chapter 9A 49 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full 5 Criminal Code Update 2013 SECTION 3. Severabilrty If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 4. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the oZ D 41" day of M a rG t, , 2013 GRECXnEELEF, Council President Approved this day of MAW11 , 2013 A PA Y 0 , ayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk R ER A LUBOVICH, City Attorney PUBLISHED the ev?it day of M ! x"4 -- , 2013 EFFECTIVE the — day of Y� , 2013 ORDINANCE NO 5208 R \Legal\Legal \Ordinances \legal \Chapter 9A Criminal Code update 2013 doc 6 Criminal Code Update 2013 AFFIDAVIT OF PUBLICATION Account #42742 AD# 20132251 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on March 26, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $36 45 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 29, 2013 (—*"\ 0 X . (:� 4)�- -j CASSANDRA A CAPAS Notary Public in and for the State of Washington, Kitsap County Notary Public State of Washington M corn, issioo4 2014 February ORDINANCE NO 5208 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.32 of the Bremerton Municipal Code entitled "Assault" and amending Chapter 9A.44 of the Bremerton Municipal Code entitled "Public Disturbances " PASSED by the City Council on the 20th day of March, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 March 26, 2013 Ad# 20132251